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Virgin claims – running down the clock?

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island

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Four weeks ago I travelled to Manchester. On Friday evening I was booked on the 18:40 Euston to Manchester Piccadilly with a first class advance ticket booked on the Virgin website and costing £72. On arriving at Euston at about 18:05, the station was closed owing to a member of the public having fallen from an overbridge at Wembley.

I checked National Rail and Virgin’s website and Twitter, which we’re recommending that passengers not travel and use their tickets the next day. I did not have that option, but noting that Virgin tickets were being honoured on LNER, TPE, WMT, EMR, and Northern, I walked to Kings Cross where I joined the 18:33 to Bradford Forster Square, intending to change at Leeds onto a TPE service.

The LNER train was extremely heavily crowded and whilst I did secure a seat, first class was entirely declassified and no meal or drink service was offered as the train was too busy for the trolley to get through. I did manage to get a sandwich and water from the galley after an hour or so.

The LNER guard was helpful and pointed out we were liable to miss the connection at Leeds and to instead get one at Doncaster. I duly alighted at Doncaster along with most of the train and we piled onto the 20:42 service to Manchester Piccadilly. I could not get through the train to first class but did manage to get in a standard seat. I arrived at 22:09, 77 minutes after my scheduled arrival time.

On the return journey, the 17:35 on the Sunday from Manchester Piccadilly to London Euston, the two preceding trains had been cancelled. I held a first advance at £52 and first class was once again declassified, this time because of the non-availability of catering staff and overcrowding. At my request the guard endorsed my ticket accordingly, and he came through first class later saying that passengers could claim the value of weekend first back from Virgin as compensation. This is £25, which conveniently is the same as the difference in value between the advance ticket I held and the corresponding tier in standard class.

I lodged a delay repay claim for £72 for the outbound journey and a customer service case for £25 for the downgrade. A few days later the automated DelayRepay system emailed me and said I would get a £36 refund, which duly arrived on the card I had paid with. A subsequent check of Realtimetrains revealed that the 18:40, 18:57 and 19:00 services had been cancelled and the 19:20 service had run on time. This would, had I been on it, have got me to Manchester under an hour late, which is, I suppose, why it paid out 50%. Another day later I got a response to the DelayRepay claim saying “we think we’ve already paid your claim but reply if you need assistance”, so I replied explaining the journey I had taken and asking for the extra £36.

Neither this nor the downgrade claim have received any reply despite follow-ups. I am concerned that Virgin may be “running down the clock” until the end of their franchise in a couple of weeks’ time and it may be difficult to pursue them after this. I must confess I am not sure how the mechanics of a franchise transfer affect claims such as this. Is it worth sending a letter before action and in the extreme case taking county court action, or will Virgin Trains (or West Coast Trains Ltd.) be a valueless shell at 00:01 on 8 December?

If you’ve read this far, thank you, and apologies for the prolix nature of the post.
 
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WesternLancer

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Four weeks ago I travelled to Manchester. On Friday evening I was booked on the 18:40 Euston to Manchester Piccadilly with a first class advance ticket booked on the Virgin website and costing £72. On arriving at Euston at about 18:05, the station was closed owing to a member of the public having fallen from an overbridge at Wembley.

I checked National Rail and Virgin’s website and Twitter, which we’re recommending that passengers not travel and use their tickets the next day. I did not have that option, but noting that Virgin tickets were being honoured on LNER, TPE, WMT, EMR, and Northern, I walked to Kings Cross where I joined the 18:33 to Bradford Forster Square, intending to change at Leeds onto a TPE service.

The LNER train was extremely heavily crowded and whilst I did secure a seat, first class was entirely declassified and no meal or drink service was offered as the train was too busy for the trolley to get through. I did manage to get a sandwich and water from the galley after an hour or so.

The LNER guard was helpful and pointed out we were liable to miss the connection at Leeds and to instead get one at Doncaster. I duly alighted at Doncaster along with most of the train and we piled onto the 20:42 service to Manchester Piccadilly. I could not get through the train to first class but did manage to get in a standard seat. I arrived at 22:09, 77 minutes after my scheduled arrival time.

On the return journey, the 17:35 on the Sunday from Manchester Piccadilly to London Euston, the two preceding trains had been cancelled. I held a first advance at £52 and first class was once again declassified, this time because of the non-availability of catering staff and overcrowding. At my request the guard endorsed my ticket accordingly, and he came through first class later saying that passengers could claim the value of weekend first back from Virgin as compensation. This is £25, which conveniently is the same as the difference in value between the advance ticket I held and the corresponding tier in standard class.

I lodged a delay repay claim for £72 for the outbound journey and a customer service case for £25 for the downgrade. A few days later the automated DelayRepay system emailed me and said I would get a £36 refund, which duly arrived on the card I had paid with. A subsequent check of Realtimetrains revealed that the 18:40, 18:57 and 19:00 services had been cancelled and the 19:20 service had run on time. This would, had I been on it, have got me to Manchester under an hour late, which is, I suppose, why it paid out 50%. Another day later I got a response to the DelayRepay claim saying “we think we’ve already paid your claim but reply if you need assistance”, so I replied explaining the journey I had taken and asking for the extra £36.

Neither this nor the downgrade claim have received any reply despite follow-ups. I am concerned that Virgin may be “running down the clock” until the end of their franchise in a couple of weeks’ time and it may be difficult to pursue them after this. I must confess I am not sure how the mechanics of a franchise transfer affect claims such as this. Is it worth sending a letter before action and in the extreme case taking county court action, or will Virgin Trains (or West Coast Trains Ltd.) be a valueless shell at 00:01 on 8 December?

If you’ve read this far, thank you, and apologies for the prolix nature of the post.

Hard to know if different with different franchises but when EMR took over EMT there was a clear section on their website that claims submitted for journeys taken with EMT before the change, and claims already in the system, would be dealt with under EMTs policy, and new claims under EMRs - thus making me think that they were honoring stuff.

I think you have to keep pressing VTWC on this.

A trains that run but on which you could not have boarded due to crowding is of course only of theoretical use to a passenger.
 

tomwills98

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Joined
18 Feb 2018
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292
Location
Bridgend
I doubt anything malicious is going on, the DR system has "correctly" calculated the compensation from the next available trains. If you've appealed the DR claim, it should go to manual review so there may be a bit of a wait if it's anything like ours.

Customer relations department are usually the last one to properly change over as they have to deal with the backlog of claims from the previous franchise, we still have the odd ATW claim come in. There will be a cut off point where customer will be directed to contact Virgin/Stagecoach group who will most likely have a dedicated contact team for the outstanding cases.

As @WesternLancer said, if the claim is before the 8th December it will be dealt with VTWC's policy. Good luck sorting it out.
 

Trackman

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VT have a massive backlog of claims, there's been a recent post about it somewhere, but they are working through them.
 

AlterEgo

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Four weeks ago I travelled to Manchester. On Friday evening I was booked on the 18:40 Euston to Manchester Piccadilly with a first class advance ticket booked on the Virgin website and costing £72. On arriving at Euston at about 18:05, the station was closed owing to a member of the public having fallen from an overbridge at Wembley.

I checked National Rail and Virgin’s website and Twitter, which we’re recommending that passengers not travel and use their tickets the next day. I did not have that option, but noting that Virgin tickets were being honoured on LNER, TPE, WMT, EMR, and Northern, I walked to Kings Cross where I joined the 18:33 to Bradford Forster Square, intending to change at Leeds onto a TPE service.

The LNER train was extremely heavily crowded and whilst I did secure a seat, first class was entirely declassified and no meal or drink service was offered as the train was too busy for the trolley to get through. I did manage to get a sandwich and water from the galley after an hour or so.

The LNER guard was helpful and pointed out we were liable to miss the connection at Leeds and to instead get one at Doncaster. I duly alighted at Doncaster along with most of the train and we piled onto the 20:42 service to Manchester Piccadilly. I could not get through the train to first class but did manage to get in a standard seat. I arrived at 22:09, 77 minutes after my scheduled arrival time.

On the return journey, the 17:35 on the Sunday from Manchester Piccadilly to London Euston, the two preceding trains had been cancelled. I held a first advance at £52 and first class was once again declassified, this time because of the non-availability of catering staff and overcrowding. At my request the guard endorsed my ticket accordingly, and he came through first class later saying that passengers could claim the value of weekend first back from Virgin as compensation. This is £25, which conveniently is the same as the difference in value between the advance ticket I held and the corresponding tier in standard class.

I lodged a delay repay claim for £72 for the outbound journey and a customer service case for £25 for the downgrade. A few days later the automated DelayRepay system emailed me and said I would get a £36 refund, which duly arrived on the card I had paid with. A subsequent check of Realtimetrains revealed that the 18:40, 18:57 and 19:00 services had been cancelled and the 19:20 service had run on time. This would, had I been on it, have got me to Manchester under an hour late, which is, I suppose, why it paid out 50%. Another day later I got a response to the DelayRepay claim saying “we think we’ve already paid your claim but reply if you need assistance”, so I replied explaining the journey I had taken and asking for the extra £36.

Neither this nor the downgrade claim have received any reply despite follow-ups. I am concerned that Virgin may be “running down the clock” until the end of their franchise in a couple of weeks’ time and it may be difficult to pursue them after this. I must confess I am not sure how the mechanics of a franchise transfer affect claims such as this. Is it worth sending a letter before action and in the extreme case taking county court action, or will Virgin Trains (or West Coast Trains Ltd.) be a valueless shell at 00:01 on 8 December?

If you’ve read this far, thank you, and apologies for the prolix nature of the post.

Let me assuage your feelings with reference to "running down the clock". Any outstanding claims as of December 8th will be processed by the new operator, with a financial agreement in place to ensure the new operator doesn't bear the liabilities of the old operator. The same also applies to outstanding complaints outwith the Delay Repay scheme.

It does mean that you will likely get strictly what is permitted with no big gestures of goodwill, but be assured that you cannot "fall into the gap" and be left uncompensated.
 

gray1404

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In my experiences, once you reply to the rejection email to VTWC and ask them to look at a claim again, provided you clearly explain why it is incorrect based on the fact of what happened, they have responded with the correct amount of compensation.

So it sounds to me like you have 3 things outstanding:
1. the delay to the outward journey. You followed VT's instructions to take an alternative route and arrived late. Total owed GBP72. Total received GBP36. Total outstanding GBP36
2. first class was declassified on the return journey so therefore you are claiming the difference between the first class fare you paid and what the standard class fare would have been. In this case you have worked this out to be GBP25 This needs to be made as a complaint to customer services. Can I just check though that all the first class carriages were declassified and not just the one you were in? i.e. could you have moved to another coach - from your description though it sounds like you couldn't.

Once the franchise changes over, existing claims and complaints will continue to be dealt with. The good news is that you are entitled to delay repay and you are also entitled to difference in fare when you have a first class ticket but have to travel in standard in the circumstances you did. This is good because it means you are not relying on goodwill alone. So, as long as you have: 1. replied to the delay repay rejection stating why they have calculated it incorrectly and 2. contacted Customer Relations already to request the difference in fare back then all you can do now is wait for a reply. Do not worry about the franchise change over.

If you have case reference numbers already then it is possible to see the current processing time. It will become more clear what will happen to existing claims/cases in a couple of weeks. Either Virgin will keep dealing with them or the new operator will take over providing resolutions to such cases.
 

paddington

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19 Feb 2013
Messages
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It took me 10 weeks to get a response to delay repay from VTWC recently. As an apology for the delay in my delay repay, they offered me a discount code which I used to get to Manchester return in 1st for £22, but the journey obviously had to be taken before 6 Dec.
 

gray1404

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I too have a similar discount code. However are you sure the journey only needs to be booked by the start of December? I have just tried my code and it is allowing me to book into the future with the discount applied for as long as reservations are currently open for travel on West Coast services.
 

SteveM70

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Let me assuage your feelings with reference to "running down the clock". Any outstanding claims as of December 8th will be processed by the new operator, with a financial agreement in place to ensure the new operator doesn't bear the liabilities of the old operator. The same also applies to outstanding complaints outwith the Delay Repay scheme.

It does mean that you will likely get strictly what is permitted with no big gestures of goodwill, but be assured that you cannot "fall into the gap" and be left uncompensated.

You could argue the new operator may be more generous as effectively they’re making decisions that involve someone else’s money
 

AlterEgo

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You could argue the new operator may be more generous as effectively they’re making decisions that involve someone else’s money

That's not how it generally works; most gestures of goodwill involve free tickets, vouchers or discount codes, not actual money.
 

island

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2. first class was declassified on the return journey so therefore you are claiming the difference between the first class fare you paid and what the standard class fare would have been. In this case you have worked this out to be GBP25 This needs to be made as a complaint to customer services. Can I just check though that all the first class carriages were declassified and not just the one you were in? i.e. could you have moved to another coach - from your description though it sounds like you couldn't.
Yes, all of first class was declassified (and full/standing).
 

Skie

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Virgins DR team also don't seem to understand how the Merseyrail system works around the loop. They get confused by the Chester to Chester via Liverpool Central services and misread arrival times to your detriment when considering their delay causing you to miss a connection.
 

Starmill

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I had an outstanding claim settled by the incumbent Northern franchise holder. I had been travelling with the previous franchise holder and been asked to, and begrudgingly agreed to, pay for a new ticket incorrectly after my booked train was cancelled. It was difficult to persuade them that I was charged incorrectly and to recover my money, hence why the matter dragged on past the franchise change date. However, once I had convinced them, there was no issue presented with regards to the handover.
 

paddington

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I too have a similar discount code. However are you sure the journey only needs to be booked by the start of December? I have just tried my code and it is allowing me to book into the future with the discount applied for as long as reservations are currently open for travel on West Coast services.


The email from VTWC said the discounted journey had to be completed before 6 December. I didn't try to see if it would work for future dates.

These tickets only come as paper tickets from a TVM and they don't work in barriers. If you can book and collect the tickets there shouldn't be any problem.
 

island

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I have had an email today regarding the declassification and confirming a cheque for £27 will be issued by post.
 

island

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To close the loop, I am informed a further cheque for £36 has been raised which will settle the matter fully.
 
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